03x07 - Hung Jury

Episode transcripts for the TV show, "The Life & Legend of Wyatt Earp". Aired: September 6, 1955 – June 27, 1961.*
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Series is loosely based on the life of frontier marshal Wyatt Earp.
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03x07 - Hung Jury

Post by bunniefuu »

THE LIFE AND LEGEND OF WYATT

EARP

[Ken Darby singing

"The Legend Of Wyatt Earp"]

[soft humming]

♪ Wyatt Earp

Wyatt Earp ♪

♪ Brave courageous and bold

♪ Long live his fame

and long live his glory ♪

♪ And long may

his glory be told ♪

[humming continues]

(male narrator)

Marshal Wyatt Earp, could

never complain that

life in Dodge city, in ,

was bore some routine.

Most of the sh**t however,

occurred south of the deadline

and involved shady people.

But the alleged k*lling

of Dan Bolton by Reb Thomas

was a noted eventon the right

side of the tracks.

Bolton was the town's

leading cattle buyer.

A man of wealth and influence.

When Marshal Earp

reached the scene..

Alright, get out of here!

Get out!

Nothing could be done?

No, sir. He's shot

through the heart.

Dan Bolton...my friend.

This drunken fool?

It looks that way, judge.

Threatened Mr. Bolton in the

Dodge house bar this afternoon.

He owes me $ .

- You miserable--

- Take it easy, judge.

He was so drunk he didn't

know what he was doing.

He'll know in court

tomorrow morning.

Take him to jail

out the back door.

Right.

You..

...you want me to tell

Mr. Bolton's family?

You want me to tell

Mr. Bolton's family, sir?

No. No.

I'll do that.

Fine reward for being

an honest businessman

and a decent citizen.

I-I didn't hear

about the trouble soon enough.

It's not your fault.

Sober that drunk up

get a confession.

- I'll attend to the rest.

- Judge.

Yeah?

I don't blame you

for feeling as you do.

But you're still

Circuit judge Tobin.

A hoodlum kills my friend

and I'm supposed

to pass sentences

as though I never knew Dan.

You're right.

It was your duty

to remind me.

Thank you, Wyatt.

[humming]

Ain't nothing like

black coffee.

Unless it's canned tomatoes.

What was it you want

to ask me about, Marshal?

Mr. Bolton is dead.

He is?

Can't say I'm sorry.

He was a no-good,

cheat and a liar.

You k*lled him,

we found you in his office.

This your g*n?

Yeah, that's my Colts .

The g*n was

in your hand and fired

and the b*llet struck

Mr. Bolton in the heart.

Well.

Own up to it, Reb, the court

will take it easier on you.

Oh, no, sir,

I didn't k*ll him.

- Go get a can of tomatoes.

- Oh, no, marshal, I'm sober.

I aimed to get my money.

I k*ll him

I'll own up to that, but..

When I got up to Dan Bolton's

office I was so blind drunk

I could hardly walk, guess

I must have passed out.

You were wearing this,

you remember that?

- That's a Colt.

- Yeah.

It don't belong to me.

[door opens]

Well.

Mr. Thomas, I believe

you know judge Tobin.

You still gonna stick with that

cock and bull story of yours?

I told you

the truth, marshal.

Dan Bolton deserved k*lling. If

I'd done it I'd own up to it.

Another thing, you folks

have been praising up Bolton

as a holy fella, while

it weren't no such thing

- I happen to know the--

- That will do.

- Put him in a cell.

- Put me in a cell.

That ain't gonna change

my opinion of Bolton man.

- I have--

- Come on, come on, Reb.

Come on.

Sit down, judge,

rest yourself.

You've been

through the wringer.

I promised Dan's family

that justice would move quick.

Yes.

I'll appoint a lawyer

to defend the man.

If he insists on

pleading not guilty.

How's our jury panel?

Well, we gotta

get some more.

Do it tonight, will ya, Wyatt?

None but good men.

I want a fair trial.

An absolutely fair trial.

- Good evening, Mr. Moers.

- Hello, Wyatt.

Were you...here when Reb Thomas

had his quarrel with Dan Bolton?

No, but cafe Mrs. Moers was.

Will she be needed as a witness?

No. I got plenty of witnesses.

I'm kind of short on a jury.

Let's see, Mr. Beasley,

Mr. Summers and Mr. David.

They all live here, don't they?

Mr. Beasley and Mr. David

left yesterday for Topeka.

I think you'll find

Mr. Summers in the parlor.

Well, I'm gonna be mighty

short on a panel.

Got three down sick

and five out of town.

Wyatt, I was thinking, if you're

short you can put my name down.

That's mighty

kind of you to offer

but...tomorrow is

your rush day, isn't it?

Certainly is, marshal. You and

that conscience of yours.

The trial shouldn't

take long, dear.

Oh, please, marshal,

you can find some other man.

Alright, Mrs. Moers.

Thanks just the same.

Always the easy, Mark.

Can't you ever say no?

- It's a citizen's duty, hon.

- Why do they have to trial?

He confessed, didn't he?

- I forgot to ask.

- You would. I'll ask him.

- 'Marshal Earp.'

- Yes?

Why they holding a trial?

Mr. Thomas confessed, didn't he?

Yeah, well, he claims

that he didn't do it.

I'm afraid I'm gonna have to put

your husband's name down.

Mr. Summers says he vote to hang

Mr. Thomas in general principle.

You have an open mind?

I think so. I'd vote according

to the law and the evidence.

Good.

All this trouble

about a worthless, drunken sot.

Well, he's entitled

to a fair trial, Mrs. Moers.

Just don't get the feeling

sorry for that drunken k*ller.

Cathy honey.

This whole town is ready

to lynch Thomas.

We are running

a hotel here.

We can't afford to get

public opinion down on us.

I don't under--

I'm just trying to protect

you from yourself.

You're too good and kind.

You always were.

[soft humming]

- Jury still out.

- Yeah, I know.

It's almost five hours. I wonder

what can be hanging him up.

I don't know. Come on.

Come on, Moers.

You've been holding us here for

five hours now and you know..

Eleven to one for conviction.

Just tell us why you are

acting so stubborn?

Is Thomas a friend of yours?

I never spoke to the man

except at the hotel.

Then what evidence has

got you so convinced?

Thomas was subdued,

according to Wyatt's testimony.

That he couldn't stand

on his feet.

I don't see how man in that

condition could fire a g*n

and hit Bolton in the heart.

[crowd murmuring]

The prosecutor had three

witnesses on that point.

They all said Reb was

a good shot, drunk or sober.

And didn't you hear

Dock McCarthy testify

that Bolton had been dead

about ten minutes?

Reb passed out

after he fired the shot.

I have a reasonable doubt in my

mind that Reb fired the shot.

I think someone k*lled Bolton

and put the g*n in Reb's hand.

That was Reb's g*n. How did your

imaginary k*ller get it?

He could have stolen

the g*n from Reb.

That's why Reb took a frontier

coat from the hotel rack.

[indistinct murmuring]

I never voted for conviction.

You might as well report

to judge that we couldn't agree.

You think it won't get out that

you alone hung up this jury?

Moers, I'm warning you.

Take your hands off me.

I don't care what you tell.

I'm not gonna vote

to send a man to prison

when I think he

might be innocent.

We're wasting our time

on this stubborn fool.

Dave, call the bailiff.

[jury chattering]

And another trial

for that scoundrel.

More time

and money wasted.

Fine mess, Wyatt.

One man,

Heber Moers.

You think he was bribed?

- No, sir.

- Well, what do you think?

I think the man has

a reasonable doubt and so do I.

What?

I don't think we gave

ourselves enough time, judge.

He was a friend of yours

and nobody can blame you

for wanting quick justice

but I don't have that excuse.

I just..

Well, I went off half-cocked.

Are you out of your mind?

The man's own lawyer

begged him to plead guilty.

Well, I'm glad he didn't.

Why? Have you

one shred of evidence?

'It's utter nonsense.'

Now, you get another jury and

we'll try that hoodlum tomorrow.

No, sir.

That's an order

of the court, Wyatt.

Alright.

But I ask for stay

of execution.

I think I know

who did k*ll Bolton.

Oh, you do?

And of course,

you can name him.

I think it was

Heber Moers.

Moers, the man that

hung up the jury?

That's right.

Oh, preposterous.

What motive would he have?

Well, I don't know yet.

Moers hung the jury.

By his vote, he could've

convicted Thomas.

Now, why didn't he do that

and get off scot-free?

Maybe the man has

a conscience.

All I know for sure is that

he volunteered for the panel

and he was quite insistent

about it.

You got Heber into this, now

you can just go and get him out.

- Out of what?

- Mr. Crandel fired him.

And now they're threatening

to run him out of town.

- Where is he?

- Back at the hotel.

I borrowed a g*n but he says

he won't use it. Hurry, Wyatt.

Calm yourself, Mrs. Moers.

[soft humming]

Wait here, Mrs. Moers.

There's trouble.

[humming continues]

[indistinct chattering]

[g*nsh*t]

Break it up! Break it up!

Let him now!

Alright, Mr. Moers, I have to

arrest you. Protective custody.

Now, you men, go on

about your business.

Which side you on?

Moers hung up the jury.

Maybe he was right.

Any more demonstrations like

this arrest them all.

Yes, sir!

- What did he mean?

- I can only guess. Come on.

Now, look here, Wyatt.

You can't just..

Mr. Moers.

Where is Cathy?

She promised she'd wait here.

They won't harm your wife.

Make yourself comfortable.

All I did was

my duty as I saw it.

Now I've lost my job and

the whole town is sore at me.

Calm down, little one.

I'll take you back to the hotel.

- I told Mrs. Moers to wait.

- She'll be alright.

Call Reb. I want him

to meet Mr. Moers.

Yes, sir!

Mr. Moers, judge Tobin

and I think

that you might have prevented

a miscarriage of justice.

Oh! It was someone else.

Like I told the others someone

might have stolen Thomas' g*n.

Fire the shot then put

the g*n in his hand.

Well, might have

happened that way.

What you're trying

to trick me to now, marshal?

I want you to meet the man

who didn't convict you.

That's funny.

I don't like you, you don't like

me. What are you up to?

I just wasn't convinced

you did it.

The only thing

we ever had in common

is we both hated Dan Bolton.

Whatever gave you

the idea I dislike Mr. Bolton.

He tried to act cute. You know

he was after your Mrs.

That's a lie.

He called Bolton cheat

and couldn't prove it.

Now he's attacking

a dead man's morals

a respected

church going citizen.

Take it easy. Come on,

put him back in the cell.

Yeah, put me back in my cell?

You and Moers have

to keep Bolton respectable.

Dan was no angel.

Wine and women,

his case it was mostly women.

You can prove that?

No, I can't prove.

I'm in jail.

But it'll be easy enough

for you to prove, marshal.

All you have to do is check

the Occidental hotel register

'in Kansas city.'

- You f*cking--

- Take him off.

Then arrest Mrs. Bolton

if she was at

Kansas city with Dan.

Just relax, Mr. Moers.

You-you aren't taking

his words for anything.

No!

I don't think we havta be

careful of the truth and..

I...I think

what the judge told them

told those hot heads is

probably sunk in by now.

Come on, I'll take

you back to the hotel.

[soft humming]

[humming continues]

Cathy! Everything's alright.

Wyatt's with me.

Oh! Just a moment,

Heber.

I got so scared

I blocked the door.

I'll have it opened

in just two seconds.

Oh! I'm so glad that

Marshal Wyatt came with you.

Oh, darling!

Now, now. I told you

it'd work out alright.

I know.

But I just can't wait

to get away from this town.

Oh! Hello, Wyatt.

'I hope you'll excuse us.'

I'll even excuse

you've taken a g*n.

g*n?

What g*n?

Colts navy caliber,

belonged to Reb Thomas.

It's now exhibit A

state's evidence.

I don't know

what you're talking about.

You do, Mrs. Moers.

Are you gonna give me that g*n

or do I get a search warrant?

- You go get the warrant.

- No, no, Cathy.

I've had this whole thing

in my conscience too long.

- Give Wyatt the g*n.

- Don't be a fool.

Not this time.

Where is it?

Heber, no!

Heber, please!

- I k*lled Bolton.

- It's not true, Wyatt.

I'd rather listen to you.

Now, let's get this

straightened out to the judge.

Nothing to straighten out.

I k*lled Bolton.

She wasn't involved.

Mrs. Moers, I think

you have something

you wanna tell

judge Tobin and me.

Yes, I do.

Does Heber have to be there?

No, he can wait

outside the jail.

Why does Cathy

have to be mixed up in this?

I was Bolton's silent partner

in cattle deals.

He wouldn't pay up.

I k*lled him.

That's very possible, Mr. Moers.

Dan's wife was ill.

He promised if I get

a divorce he'd marry me.

I knew my husband would

go on being manager.

Cheap hotels

in little towns.

But my husband loved me.

There's no excuse.

No pardon for what I did.

And when our one

miserable affair was ended

I hated Dan.

I despised myself.

I realized...how kind

and decent my husband was.

[sobbing]

You said yesterday

Mr. Bolton demanded

you make another trip

with him.

Yes.

I was sitting at the desk

doing my work

'when he suddenly came in.'

What's wrong now, Heber?

- Not a thing, honey.

- Oh, it's you.

How many times do I have

to tell you not to bother me?

Two tickets to New York

and a $ , for fun.

Get out.

Oh, no. I really

mean it this time.

Look, I'm gonna tell

Amy about us.

Get a divorce, babe.

I said I really

meant it, Cathy.

Be at my office

about o'clock tonight.

You'll be there, huh?

Ready to travel.

- Or else..

- Else what?

A certain husband will be

getting a divorce.

Pick them up

and get out.

No, you pick them up.

Bring them along tonight.

Really mean it, Cathy.

I decided I'd have

to settle with Dan.

Once and for all.

But I wanted to keep

my husband's love.

That afternoon when Reb Thomas

had his drunken set two

with Dan at the bar

I knew I had to find

a way to get to him.

[indistinct chattering]

(male # )

'Come on. I know.'

Alright, now you heard

what I said.

He either repays me,

or I'll take out his hide with..

'Gotta find

a good way for it.'

'So-so we don't land in jail.'

- Alright, alright.

- Hey, give me your g*n belt.

- Give me your g*n belt.

- Alright. Alright.

Why do you want my

g*n belt?

I wanna hang it up here

so you won't jump you on it.

Be careful.

I'm not gonna

scratch on it, Reb.

Come on, let's go over

to Long Branch saloon

and get another drink.

Yeah, come on.

Let's go.

- Okay.

- Long Branch here we come.

(Cathy)

'He couldn't find his own g*n

belt so he took another one.'

'Didn't wait to buckle it on he

went lurching into the street.'

'But something told me

he was on his way to sh**t Dan''

Why didn't you just

let him do the job?

I was afraid that

he was too drunk

or that Dan might

sh**t him.

I remembered Dan always

kept his office door locked.

So as soon as my husband

came back from the depot

I slipped out the back door

and went down to Dan's office.

Hello.

Where's your luggage, honey?

My, my.

A g*n.

Put that thing away.

Have a chair.

We've got lots to talk about.

No. I'm not

going with you.

I came here to say that

if you tell my husband

I'll use this.

You're going

with me, Cathy. Again.

[g*nsh*t]

(Cathy)

'I tried to run

then I heard someone outside.'

'I hurried to the curtains

to hide behind them.'

'I had almost

forgotten Reb Thomas.'

You dirty cheatin' louse.

Wake up.

Bolton! Wake up

and settle like a man.

[soft humming]

[humming continues]

That's the whole truth, judge.

I ask only one thing.

Does my husband have to know?

Can't you just-just

send me to prison?

Mrs. Moers, I couldn't

send you anywhere.

What do you mean?

I couldn't accept

a plea of guilty

knowing that if you went on

trial no jury would convict you.

Besides, Mr. Bolton left

a widow, family, friends.

In attempting to punish you

which I couldn't do anyway.

I'd be punishing

many innocent people.

Are you going

to tell my husband?

Mr. Moers knows about it.

How could he?

Well, he worked pretty hard

to get on that jury.

His trouble is that he couldn't

let an innocent man hang.

And Mrs. Moers,

you-you go out there

and tell him the case

has been dropped.

[sobbing]

Do you really believe

in the unwritten law, judge?

No.

But in her case

what can justice

and the Lord ask

of the human soul

except that it turn

from wickedness and sin no more?

She's been punished.

[Ken Darby singing

"The Legend Of Wyatt Earp"]

♪ Well, he cleaned up

the country ♪

♪ The old wild west country

♪ He made law

and order prevail ♪

♪ And none can deny it

♪ The legend of Wyatt

♪ Forever will live

on the trail ♪

♪ Wyatt Earp

Wyatt Earp ♪

♪ Brave courageous and bold

♪ Long live his fame

and long live his glory ♪

♪ And long may

his story be told ♪

[soft humming]
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